9-1. CMAR-26-00270 Terms and Conditions- 1.pdf

Request for Proposal

Construction Manager At-Risk Services for Fire Program

CMAR-26-00270

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IMPORTANT! PLEASE READ CAREFULLY BEFORE SUBMITTING PROPOSAL

SOLICITATION TYPE: Competitive Sealed Proposal

SOLICITATION NUMBER: CMAR-26-00270

SOLICITATION TITLE: Construction Manager At-Risk Services for Fire Program

BRIEF DESCRIPTION: The Hillsborough County Board of County Commissioners (County) is seeking proposals from firms with experience in Construction Manager at Risk (CMAR) project delivery to provide pre-construction and construction services for upcoming Fire Program projects.

DUE DATE & TIME: October 5, 2026 [2:00 P.M.] Eastern Time (our clock)

PRIMARY CONTACT: Ashley Ruggiero, Senior Buyer

PROPOSAL SUBMISSION: The County will only accept Proposals submitted through its electronic bidding system (Euna Procurement). Proposals that are submitted or delivered by non-electronic means (hard-copy paper), facsimile, electronic mail (e-mail), electronic file, or means other than through the County's electronic bidding system (Euna Procurement) will not be accepted or considered. Please visit our vendors webpage (hcfl.gov/vendors) for information regarding vendor registration, electronic bid submission, procurement opportunities, and other important resources.

TIMELINESS: To preserve the integrity of the competitive sealed proposal process, proposals submitted after the due date and time listed above, unless otherwise amended, cannot and will not be accepted. Please do not wait until the last minute, hour, or day to submit your proposal, as you may encounter technical difficulties or issues that cannot be resolved before the due date and time. When preparing to submit your proposal, please read and follow all instructions regarding formatting and other details related to the form(s) to be used. Again, please do not wait until it’s too late for assistance. We value and need your participation, so the last thing we want is for you to miss this opportunity.

QUESTIONS: Questions regarding technical difficulties or errors encountered while submitting proposals through Euna Procurement must be directed to Euna Procurement Support at 1-844-226-3862 or support.bonfire@eunasolutions.com.

Questions regarding the specifications or solicitation document must be directed to the primary contact listed above using the “messages” section in Euna Procurement for this particular procurement.

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To be given consideration, such requests must be received no later than 14 calendar days after the date of Solicitation issuance in Euna Procurement, site visit, or pre-proposal conference, whichever is later.

Questions regarding vendor registration, training, or general questions must be directed to the Supplier Engagement Team at (813) 272-5790 or iSupplier@HCFL.gov.

SBE GOAL: This procurement will require the successful proposer to meet the subcontracting Small Business Enterprise (SBE) participation goal established for any Project that is the subject of a contract or a work order issued under a miscellaneous construction contract arising out of this solicitation and is subject to the policies and procedures of the County’s Small Business Encouragement Program. These SBE participation goals shall be established on a project-by-project basis when a Project design reaches 60-90% completion. Project specific SBE participation goals will be established by the County prior to issuance of the applicable Project’s notice to proceed with Construction. Please see the Request for Statement of Qualification Proposals section of this solicitation for complete details and requirements.

CONE OF SILENCE: A Cone of Silence is in effect for this procurement; therefore, no proposer, interested party and/or their principals, officers, employees, attorneys, or agents shall communicate with County employees, the Hearing Master assigned to hear the applicable protest appeal and/or members of the Board of County Commissioners, including their aides and employees regarding this procurement and/or a related protest, except as otherwise provided in the Hillsborough County Procurement Protest Policy and Procedures Ordinance. The Cone of Silence does not prohibit a proposer from communicating with the Director of Procurement, staff in the Procurement Services Department, or the County’s attorney assigned to this procurement. Violating the Cone of Silence may disqualify the proposer from consideration for award. Please refer to the Instructions to Respondents for complete details about the Cone of Silence.

INSURANCE: Insurance coverage is required for this procurement. Please see Attachment B- Insurance Requirements for complete details and requirements. Additional requirements may be requested on a per project basis.

SURETY (BONDS): Proposal, performance, and/or payment surety will be required for this procurement on a per project basis [Please see the Qualifications Based Selection Process for complete details and requirements.]

E-VERIFY: The Department of Homeland Security's Image Program and E-Verify apply to this procurement. Please see the Instructions to Respondents for complete details and requirements.

Table of Contents

1.0 Request for Statement of Qualification Proposals

1.1 Introduction

1.3 Selection Process

1.4 Small Business Encouragement Program Requirements

1.5 Construction Apprenticeship Incentive Program

1.5.1 General Information

1.5.2 Participation Incentive Guidelines

1.5.3 Participation Incentive Exceptions

1.5.4 Required Documentation

2.0 Invitation to Submit Responses

2.1 Questions

2.2 Project Budget

3.0 Instructions to Respondents

3.1 Electronic Submissions

3.2 Proposal Documents

3.3 Acceptance of Applicable Policies and Procedures

3.4 Statutes/Federal Laws and Regulations

3.5 Assignment or Transfer

3.6 Respondents Request for Interpretation of Solicitation Document

3.7 Partnerships/Corporations/Agents/Certifications

3.8 Procurement Policy and Procedures

3.9 Changes in Project Team

3.10 Cone of Silence

3.12 CMAR Firm Must Use E-Verify, Must Have Legally Authorized Workforce & Utilize Image Best Practices

3.13 Maintenance of Records/Public Records Law

3.14 Objections/Protests

3.15 Obtaining Clarification and/or Additional Information

3.16 Oral Interviews

3.17 Public Entity Crimes Statement

3.18 Reuse of Existing Plans

3.19 Security of Plans and Specifications

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3.20 Submittal Deadline

3.22 Preparation and Submission of RFP

3.23 Reservation of Rights

3.24 Contract Execution and Start of Work

3.28 Prohibition about using public funds for diversity, equity and inclusion material or programs 27

Pursuant to Florida Statutes, Section 287.139, effective January 1, 2027, a potential recipient of a county or municipal contract or grant shall certify to the county or municipality, as applicable, before being awarded such contract or grant that the potential recipient does not and will not use county or municipal funds in requiring its employees, contractors, volunteers, vendors, or agents to ascribe to, study, or be instructed using materials relating to diversity, equity, and inclusion as defined in ss.

125.595(1) and 166.04971(1)

3.29 Additional Applicable Federal Contract Provisions (APPLICABLE FOR FEDERALLY FUNDED

PROJECTS)

4.0 Qualifications Based Selection Process

4.1 Scoring Criteria for SOQ

4.1.1 Evaluation Criteria No. 1: Ability of CMAR Firm and Its Professional Personnel (35 Total Points Available)

4.1.2 Evaluation Criteria No. 2: CMAR Firm’s Experience with Similar Relevant Projects (35 Total Points Available)

4.1.3 Evaluation Criteria No. 3: CMAR Firm’s Approach to Meet Schedule and Budget (15 Total Points Available)

4.1.4 Evaluation Criteria No. 4: CMAR Firm’s Recent, Current and Projected Workload (15 Total Points Available)

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1.0 Request for Statement of Qualification Proposals

1.1 Introduction

Hillsborough County (“County”) is interested in receiving statements of qualifications (SOQs) from firms with experience in Construction Manager at Risk (CMAR) project delivery to provide pre-construction and construction services for the construction or renovation of numerous projects in Hillsborough County, Florida for the Fire Program Capital Projects over the term of the contract.

These projects may include the following:

There is no guaranteed minimal usage for the CMAR services under any contract resulting from this solicitation. The number of Projects to be issued as well as when Projects is within the sole discretion of the County,

1.2 Scope of Work

The County anticipates awarding one or more contracts for the professional services required hereunder as set forth in the scope of services attached as Attachment A to this solicitation. The selected Construction Manager At Risk(“CMAR”) or CMARS will be expected to provide preconstruction and construction services for the construction or renovation of numerous fire program projects in Hillsborough County, Florida (the “Projects”), These services will be coordinated with the County’s Architectural and Engineering (“A/E”) firm for each Project, through the design and construction phases of the Project, as applicable. This will be a five (5) year contract with renewals.

Each Project will be completed in two phases:

Preconstruction – design-phase coordination, risk management, cost estimating, schedule development, procurement planning, development of an open-book Guaranteed Maximum Price (GMP).

Construction – construction permitting, construction (including early works construction), testing, training, commissioning, functional operation and acceptance testing, and turn over services.

The County will establish a Leadership Team (“LT”) to oversee the development of the facilities referenced herein. The LT will consist of individuals from the numerous different stakeholders and the Capital Programs Department who will be working in coordination with the County’s A/E and the selected CMAR throughout each Project. The County will also be separately selecting one or more architectural firms to serve as the engineer of record (EOR) to prepare the Project design(s) and provide construction administration and who will assist the LT.

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To be considered for award, the CMAR must have experience in constructing or renovating public facilities, with the expectation that any renovated facility will remain operational throughout the Project.

The County intends to and reserves the right to award a contract to one or more firms that are deemed among the best qualified and as appropriate to accomplish the requested services listed.

The County anticipates that State and/or Federal funding may be used for the services associated with this solicitation, where applicable and in the County’s best interests. In that event, Offerors may be expected to comply with the applicable Code of Federal Regulations, various federal and/or state funding statutes, as well as the particular federal grant agreement(s) being used to fund the project(s). These regulations, may include but not limited to, those listed in Section 3.29 herein and as may be supplemented on a per Project basis with the mutual consent of the parties.

At the time the Offeror submits its proposal, the Offeror must be licensed to practice as a General Contractor in the State of Florida pursuant to Chapter 489, Florida Statutes.

1.3 Selection Process

The County has decided to use the CMAR delivery method to construct the Fire Capital Program Projects. The County is to engage a CMAR Firm who is highly qualified to construct and/or renovate public facilities, with the expectation that the renovated facility will remain operational through the project. The intent of this solicitation is to evaluate the qualifications and experience of prospective CMAR Firms. Submission of a Statement of Qualifications (SOQ) is the opportunity for contractors to demonstrate previous experience with the CMAR method and to outline their construction management experience that demonstrates their ability to manage, plan, sequence, schedule, and deliver a fully functional completed project. The successful Respondent must be willing and able to promptly execute the County’s agreement and must be prepared to commence and complete the work in accordance with this RFP.

The selection process consists of a single-step qualification ranking. The County will use a Selection Committee to evaluate the proposals. Respondents will be required to meet the minimum requirements outlined herein for their proposal to be evaluated and ranked by the County.

Respondents will submit a SOQ, which will be evaluated and ranked by the Selection Committee using a weighted scoring system to develop a short-list of no less than three (3) qualified respondents. The County shall hold vendor discussions or may require oral interviews, with no fewer than three (3) Shortlisted firms deemed to be the most highly qualified to perform the required services regarding their qualifications, approach to the project, and ability to furnish the required services. Oral interviews may be conducted virtually, unless otherwise indicated by the County.

The Architect/ Engineer of Record and Subconsultants that have executed contracts with the Contractor are ineligible to participate as part of any team identified in a CMAR proposal.

If this Project has a Small Business Enterprise (SBE) participation goal, then preference will be given to CMAR Firms that make significant scope commitments and identify Small Business Enterprise

CMAR-26-00270 Page 4 subcontractors that will perform the work as part of the approach for this Project. This provision is not applicable to Work/Term procurements.

The County will negotiate in good faith an Agreement with the top ranked Respondent. If, in the sole judgement of the County, a contract cannot be successfully negotiated with the top-ranked Respondent, negotiations with the firm will be formally terminated and negotiation shall begin with the second ranked Respondent. If a contract cannot be successfully negotiated with the Respondent ranked second, negotiations with that firm will be formally terminated and negotiations shall begin with the third ranked Respondent. The County reserves the right to negotiate any element of the proposals in the best interest of the County.

1.4 Small Business Encouragement Program Requirements

1.4.1 General Information

This Section outlines the requirements/specifications for Small Business Enterprise participation in any resulting contracts resulting from this solicitation pursuant to the County’s Small Business Encouragement Program (Hillsborough County Resolution No. R25-071 and any subsequent resolution in effect at the time of contract award.) Small Business Enterprise (SBE) shall mean a business that is registered as a bona fide small business enterprise with the County or that has been granted reciprocal registration as a small business enterprise by the County.

It is the policy of the County’s Board of County Commissioners (BOCC) to encourage the participation of all responsible businesses in County contracting and procurement activities. The objective of the County’s Small Business Encouragement Program is to provide opportunities for the participation of SBEs in County procurement and contracting activities and to encourage the participation of all responsible and eligible SBEs in these activities. In this regard, the CMAR to whom any award of this solicitation is made shall take all necessary and reasonable steps to ensure that SBEs have the maximum opportunity to participate in this contract and shall be contractually obligated to meet the SBE participation goal established for any/all Sub-Projects associated with this contract.

Failure of the CMAR to perform/comply with the applicable contractual requirements regarding the County’s Small Business Encouragement Program may constitute a material breach of the contract and may result in termination of the contract by the County.

1.4.2 SBE Participation Goal

a) Project Goal – The SBE participation goal for any Project that is the subject of a contract or a work order issued under a miscellaneous construction contract arising out of this solicitation shall be established by the County when the applicable Project design is between sixty to ninety percent (60%-90%) complete as reflected in the Project’s engineering design documents. The CMAR/Proposer shall work with the County’s user department to submit the Project’s engineering design documents and the engineer’s cost estimate for the Project to the County’s Small Business Enterprises

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Division for the purpose of setting the Project’s SBE participation goal. The County shall set the Project’s SBE participation goal prior to the County issuing its Notice to Proceed with construction on the Project. The established goal shall be applied to the full monetary value of the Project (excluding the value of possible alternates) and shall be reflected in the monetary portion spent on subcontracts for consulting and/or construction services to be awarded to those SBEs meeting the applicable Project specifications.

b) Eligible SBE Businesses – All firms identified in CMAR/Proposer’s SBE participation documents must either be registered with the County as a SBE or be eligible for provisional reciprocal registration with the County by the time the CMAR submits its SBE participation documents to the County in order for such SBE to be counted toward the SBE participation goal. Businesses that have graduated from Hillsborough County’s Small Business Encouragement Program and those that have been denied registration by the County shall not be counted toward goal attainment and/or goal attainment through reciprocal registration or joint venture.

For a current listing of Hillsborough County-Registered Small Business Encouragement Program firms, please visit the Small Business Encouragement Program’s online Directory at: https://hcfl.gov/businesses/doing-business-with-hillsborough/small-business-encouragement-program . This website also includes a link to a list of firms that have graduated from or been denied registration in the County’s Small Business Encouragement Program.

c) SBE Suppliers - With respect to the participation of SBE suppliers, credit toward the goal will be calculated as follows: Fifty percent (50%) of the total value of supplies furnished by a registered SBE will be credited toward the goals established for the Project provided that the supplier is not a manufacturer. If the SBE supplier also manufactures the product, then full credit will be given.

d) 2nd and 3rd Tier Participation for Sub-Projects over $20 Million – The CMAR/Proposer will be allowed to utilize second tier SBE participation (i.e., SBE subcontractor of 1st tier subcontractor) and third (3rd) tier SBE participation (i.e., SBE subcontractor of 2nd tier subcontractor) for goal attainment in Projects valued at over Twenty Million Dollars ($20,000,000).

e) Obligation to Meet SBE Sub-Project Goal – The CMAR contractor shall be contractually obligated to meet the SBE participation goal established for the applicable Project.

f) Assistance to SBE Firms – The CMAR shall undertake to provide information and assistance to SBEs for the purpose of facilitating proposals by said SBEs to provide subcontractor services to the CMAR. These efforts shall include the CMAR taking the necessary and reasonable steps in selecting economically feasible portions of the work to be broken down to facilitate SBE participation. The County’s Small Business Enterprises

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Division may refer the CMAR to the appropriate County agency/department for technical assistance in identifying portions of the work that can be broken down for SBE participation.

g) An SBE that is also the CMAR/Prime Contractor – Any SBE firm who is also the CMAR/prime contractor on a Project shall be subject to the same SBE subcontractor participation goals as a non-SBE CMAR/prime contractor. This means that the SBE CMAR/prime contractor cannot use its own resources to meet the Project’s SBE subcontractor participation goal.

1.4.3 Registration/Reciprocity/Joint Venture

a) Registration - Registration as a SBE must be obtained by a subcontractor by the time the CMAR submits its SBE participation documents to the County in order for such SBE to be counted toward the SBE participation goal. Businesses that have graduated from Hillsborough County’s Small Business Encouragement Program and those that have been denied registration by the County shall not be counted toward goal attainment and/or goal attainment through reciprocal registration or joint venture.

The County’s SBE Directory and a list of those firms that have graduated from the County’s Small Business Encouragement Program, as well as those firms who have been awarded the one-time reciprocal registration and firms that have been denied registration with the County’s Small Business Encouragement Program can be found on the County website at: https://hcfl.gov/businesses/doing-business-with-hillsborough/small-business-encouragement-program

b) Reciprocity - Provisional reciprocity shall be granted to SBE firms that have been principally domiciled (headquartered) within one (1) of the following Florida counties for a period of at least six (6) months: Pinellas, Pasco or Hernando, and registered by a local city, county, or state jurisdiction located within one (1) of these counties. In order to be considered for provisional registration and be counted toward goal attainment, a letter of registration from the registering jurisdiction or copy of documentation evidencing registration by the registering jurisdiction must be submitted to the County by the CMAR. A reciprocal registration shall become effective on the date of contract between the CMAR and SBE firm and is only valid for one (1) six (6) month period from that date. The participation value of an SBE firm granted provisional registration will count towards a Project’s SBE subcontractor participation goal for the duration of the contract.

All firms granted reciprocal registration who wish to continue to participate in the County’s Small Business Encouragement Program after the expiration of its reciprocal registration will be required to complete an application for registration to the County’s Program prior to the expiration of the six-month reciprocal registration period. The County’s SBE Directory and a list of those firms that have been previously awarded the one-time reciprocal registration and firms that have been denied registration with the County’s Small Business Encouragement Program can be found on the County website at:

CMAR-26-00270 Page 7 https://hcfl.gov/businesses/doing-business-with-hillsborough/small-business-encouragement-program.

c) Joint Venture – A joint venture consisting of a SBE and a non-SBE functioning as a subcontractor and a second-tier subcontractor will be credited with SBE participation based on the SBE venturer’s percentage of participation in the work, risk and profits of the joint venture. Joint ventures shall be qualified in accordance with the rules of the Construction Industry Licensing Board as required by Section 489.119, Florida Statutes. A joint venture with SBE component(s) must be approved by the County’s Small Business Enterprises Division in order for the SBE component’s involvement to be credited toward fulfilling the County’s SBE participation goal. The SBE component of the joint venture must be a County-registered SBE (i.e., registered as a SBE in the County’s Small Business Encouragement Program).

d) A Joint Venture CMAR shall submit the following documents to the County’s Small Business Enterprises Division no later than ten (10) business days prior to the CMAR submitting its SBE participation documents (i.e., executed subcontract agreements, and purchase order agreements, if applicable) to the County for the purpose of review and approval of the joint venture by the County’s Small Business Enterprises Division:

(i) A fully-executed Joint Venture Disclosure Affidavit which must state that the Joint Venture complies with Chapter 489, Florida Statutes;

(ii) Proof of County SBE registration for each SBE component of the joint venture;

(iii) Business resume for each party/member of the joint venture; and

(iv) A copy of the joint venture agreement which must reflect the scope of the

SBE venturer’s managerial and financial responsibilities.

The Joint Venture CMAR shall submit a copy of the County-approved Joint Venture Disclosure Affidavit at the same time it submits its SBE participation documents (i.e., executed subcontract agreements, and purchase order agreements, if applicable) to the County in order to have the SBE component of the joint venture counted toward the SBE participation goal.

1.4.4 Guidance/Assistance by the County

The CMAR should contact the County’s Small Business Enterprises Division immediately for guidance and assistance in the event that:

a) The CMAR anticipates or has difficulty in identifying and/or obtaining SBEs for subcontract participation;

b) The CMAR is unable to identify portions of the work that can be broken down for SBE subcontract participation; or

c) The CMAR determines that breaking down the work is not possible or feasible.

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The County’s Small Business Enterprises Division will work with and assist the CMAR to meet its SBE participation goal; however, it shall ultimately be the CMAR’s responsibility to comply with the participation goal.

1.4.5 SBE Documents to be Submitted Within 30 Business Days After Notification of Each Project SBE Participation Goal

The following SBE participation documentation must be completed by the CMAR and submitted to the County’s Small Business Enterprises Division within 30 business days after notification by the County of the Project SBE participation goal:

a) Subcontractors/Material Suppliers List (SBE-1 Form) – this form must include the subcontractor's/material supplier’s name, scope or type of work to be performed, dollar amount, and whether the subcontractor/material supplier is a registered SBE. The identification of all SBE businesses to be utilized on the Project must be shown on this form.

b) Letters of Intent (signed by both parties) – see form Subcontractor Letter of Intent provided by the County – letters of intent (signed by both parties) for all SBE subcontractors listed on the CMAR contractor’s Subcontractor/Material Suppliers List (SBE-1 Form). The monetary value of the Subcontractor Letters of Intent must meet the SBE participation goal. If the CMAR contractor submits additional Subcontractor Letters of Intent that are over and above what is listed on its Subcontractor/Material Suppliers List (SBE-1 Form), then these additional SBE firms and/or monetary amounts will be credited toward the Project’s SBE participation goal attainment.

** Important Note - The form Subcontractor Letter of Intent (which will be provided by the County) must be used to ensure that all the required information is provided. A separate Subcontractor Letter of Intent must be used for each SBE subcontractor and must be completed in its entirety and signed by the legally authorized representatives of the CMAR contractor and the SBE subcontractor.

When issuing work orders for Projects to the CMAR contractor, the County fully expects that the CMAR contractor will utilize the SBE firms listed on its SBE-1 Form for the applicable Project. Documentation of compliance with the aforementioned responsibility shall be the responsibility of the CMAR contractor.

1.4.6 Additional Credit Toward SBE Participation Goal

If, during the course of the Contract, the CMAR wishes to utilize additional registered SBE firms towards the Project’s SBE participation goal, with written approval of the County, these additional SBE firms and/or monetary amounts will be credited toward the Project’s SBE participation goal.

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1.4.7 SBE Documents to be Submitted Within 30 Calendar Days of the Notice to Proceed with Work Date and Prior to the Issuance of the Notice to Proceed with Construction Date

The following SBE participation documentation must be completed by the CMAR and submitted to the County’s Small Business Enterprises Division within 30 calendar days of the County’s issuance of the Notice to Proceed with Work for the applicable Project BUT before the County issues the Notice to Proceed with Construction date for the Project (Note: the County shall not issue a Notice to Proceed with construction for the Project until this requirement is met by the

CMAR):

a) Executed subcontract agreements between the CMAR and all Registered SBE firms (signed by both parties). The monetary value of the executed subcontract agreements must meet the SBE Project participation goal. Subcontract agreements must be submitted to the County’s Small Business Enterprise Division.

(i) CMARs who submit subcontract agreements which attempt to include by reference other document(s) which are not part of the official County bid package must attach a copy of all such referenced documents to be included with the subcontract at the time the executed SBE subcontract agreements are submitted to the County.

(ii) All subcontracts executed between the CMAR and the SBE subcontractor should include, but is not limited to, the following: identification of the Project and original Contract by County bid number, contract date, the name of the contracting parties, the work or materials to be provided, the payment provisions, the responsibilities of the parties, and any applicable conditions precedent or subsequent to the contract.

b) Purchase Order Agreements (if applicable).

1.4.8 Documents Due to County upon Completion of Sub-Project

a) Statement of Satisfaction or Final Lien Release Waiver. Upon completion of the Project that is the subject of a contract or a work order issued under a miscellaneous construction contract arising out of this solicitation, the CMAR shall submit to County’s Small Business Enterprises Division documentation of all payments made and/or all outstanding payments due to the SBE firms which are confirmed on the Subcontractor’s Statement of Satisfaction or Final Lien Release Waiver for the applicable Project. If there are outstanding payments due to an SBE subcontractor, then the CMAR and the SBE subcontractor must agree on the balance due amount and how this amount due will be paid or resolved, before the County will issue final payment for the applicable contract or work order. A Consent of Surety for final payment will not be accepted in lieu of the Subcontractor’s Statement of Satisfaction or Final Lien Waiver.

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b) Failure to Meet SBE Goal. If the CMAR has not met its SBE participation goal for the applicable Project, the CMAR must provide documentation outlining the reasons and/or circumstances that impacted its ability to meet the SBE participation goal. If the determination is made that all SBE subcontractors have not been paid for all acceptable work and materials and the CMAR is not in compliance with the County’s Small Business Encouragement Program requirements, then the County’s Small Business Enterprises Division may recommend that the final payment not be made

1.4.9 Vendor Compliance System (B2GNOW)

a) For Projects with SBE goals, the CMAR is required to utilize the County's Vendor Compliance System on a monthly basis to (a) report SBE subcontractor utilization, (b) confirm payments received from the County, and (c) list any payments made by the CMAR to SBE subcontractors in that monthly period. CMAR is required to report monthly payments to all SBE subcontractors regardless of whether payment has been made to the CMAR by the County. If no payment has been made by the County, then CMAR must report a zero (0) dollar amount in the Vendor Compliance System.

b) The County’s Vendor Compliance System can be accessed at the following link:

https://hcfl.gov/sbe

c) CMAR will receive email and/or facsimile notifications alerting them when there is a need to respond.

d) To ensure that CMAR maintains compliance with the County’s contract compliance program, the CMAR is required to update its contact information in the Vendor Compliance System, which is hosted by third party vendor - B2GNow.

e) In the event the CMAR has any questions regarding how to create an account or require assistance accessing its account, CMAR should click on the “Help First Time Visitors” link located on the web page listed above. The following on-line classes on the Vendor Compliance System are available:

Contract Compliance Reporting – Vendor Training, classes are given on a weekly basis.

Introduction to the System – Vendor Training, classes are given on a bi-monthly basis.

To sign up for one of these training events, the CMAR should click on the “Training and Events” link located on the web page listed above.

1.4.10 Contract Compliance Requirements

a) Compliance Monitoring-General - Compliance monitoring and reviews are conducted by the County’s Small Business Enterprises Division to determine if the CMAR and/or subcontractors are complying with the requirements of the County’s Small Business

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Encouragement Program. Failure of the CMAR to comply with these requirements may result in the County taking remedial action by legal or non-legal means.

b) Substitution of SBE Subcontractor - If the CMAR or SBE subcontractor is unable to perform pursuant to a subcontract utilized by the County in a determination of the CMAR’s responsiveness to the Small Business Encouragement Program, the CMAR shall substitute the affected SBE subcontractor with another registered SBE subcontractor with written approval of the County. The CMAR shall not substitute with a non-SBE subcontractor or complete the work using its own resources without the prior written approval of the County. Approval shall be provided only upon a showing by the CMAR that it is not reasonable or possible to obtain the services of another registered SBE business to complete the relevant portions of the Contract.

c) Failure to meet SBE Goal – If the CMAR has not met its SBE participation goal, then the CMAR must provide documentation to the County’s Small Business Enterprises Division outlining the reasons and/or circumstances that impacted the CMAR’s ability to meet the participation goal.

d) Compliance Monitoring by the County - The County may utilize the following tools to determine if the CMAR and/or subcontractors are complying with their SBE utilization requirements and/or other requirements of the County’s Small Business Encouragement Program:

(i) Information generated by the County’s Vendor Compliance System (B2GNOW) based on the required monthly payment/utilization reporting requirements of the County’s Small Business Encouragement Program.

(ii) The Small Business Enterprises Division may make scheduled and/or unannounced project site visits to assess CMAR’s and/or subcontractor(s) performance and/or compliance.

(iii) The Small Business Enterprises Division may require the CMAR and/or subcontractors to furnish the County with additional documentation (separate from those generated by the County’s Vendor Compliance System

(B2GNOW)).

(iv) Communications, meetings and/or interviews with the CMAR and/or subcontractors, including their employees and/or agents, to identify and discuss other project-related matters or concerns such as performance and reporting relationships.

(v) The Small Business Enterprises Division may review subcontract agreements, purchase orders and other related and relevant documents for the purpose of verifying that subcontractors are performing and receiving payment for the work specified therein.

e) Notification of Non-Compliance -

(i) The County shall issue a non-compliance and/or “failure to meet goal” notification to the CMAR if the County determines that the CMAR is not in

CMAR-26-00270 Page 12 compliance with its SBE utilization requirements and/or the Small Business Encouragement Program requirements (“Non-Compliance Notice”).

(ii) The Non-Compliance Notice shall specify the following:

(A) Identify the compliance deficiencies;

(B) Instruct the CMAR to take the following actions (1. or 2. below) to ensure its compliance with its SBE utilization requirements and/or the Small Business Encouragement Program requirements:

1.

(AA) Immediately take action to correct the compliance deficiency; and (BB) Submit a written commitment to the County, within five (5) business days of the date of the notice, specifying the corrective actions to be taken to remedy the compliance deficiencies. Such written commitment must include the specific actions to be taken and the date for completion.

OR

2. Contact the County within five (5) business days of the date of the notice to discuss any issues preventing the CMAR’s compliance with the SBE requirements and to identify a resolution to such issues. Such resolution will be in writing and must be approved by the County’s Small Business Enterprises Division.

(iii) The Small Business Enterprises Division shall have the right to approve the CMAR’s written commitment and/or request modifications/adjustments to the CMAR’s written commitment.

(iv) Any commitments made by the CMAR to remedy its compliance deficiencies will not preclude future determinations of non-compliance based on the County’s finding that the CMAR commitments were not faithfully performed.

f) Non-Compliance – If the County issues a Non-Compliance Notice to the CMAR and the CMAR subsequently fails to address and/or remedy the compliance deficiencies as specified in the Non-Compliance Notice, then this failure by the CMAR (i) may be deemed by the County to be a material breach of the Contract, and (ii) shall entitle the County to exercise any or all of the remedies set forth in the Subsection below titled “Non-Performance of CMAR and Remedies of the County”.

1.4.11 Non-Performance of CMAR and Remedies of County

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a) Failure by the CMAR to comply with its SBE utilization requirements and/or comply with the requirements of the County’s Small Business Encouragement Program may be considered by the County to be a material breach of contract.

b) Hillsborough County reserves the right to exercise any available remedy in the event of the CMAR’s failure to comply with its SBE utilization requirements and/or comply with the requirements of the County’s Small Business Encouragement Program.

c) Failure to perform under the terms of the Contract with regard to the Small Business Encouragement Program, includes, but is not limited to, the following:

(i) Failure of the CMAR (without the prior written approval of the County) to utilize the services of a SBE pursuant to a subcontract submitted to the County and utilized by the County in a determination of the CMAR’s responsiveness to the Small Business Encouragement Program.

(ii) Failure of the CMAR to address the compliance deficiencies as specified in a Non-Compliance Notice issued to the CMAR by the County.

(iii) Knowingly using a front company (i.e. a firm/business which is not, in fact, a registered SBE, but poses as such in order to participate in the County's Program) to achieve SBE participation on the County Contract.

(iv) Making any false statement(s) or using deceit for the purpose of influencing, in any way, any action of the County.

(v) Unethical or other serious lack of business integrity with regard to SBE Contract performance.

(vi) Failure to report payments made to identified SBE businesses in the County’s Vendor Compliance Management System (B2GNOW).

d) Remedies available to the County include, but are not limited to, the following:

(i) Termination of the Contract with the County.

(ii) The exercise of any and/or all available legal remedies for breach of contract.

(iii) Either the total amount (or a percentage thereof as deemed appropriate by the County) paid to the CMAR or firm under the Contract intended for expenditure with a SBE firm and not so expended may be forfeited and recoverable by the County.

(iv) Any violations under this section of any applicable local, state or federal law or rule shall be referred to the applicable law enforcement or regulatory agency for investigation and/or prosecution.

(v) The Director of the County’s Small Business Enterprises Division may recommend to the County’s Director of Procurement Services that the CMAR be suspended or debarred from bidding on and/or working on County contracts pursuant to the criteria set forth in the County’s Procurement Policy.

(vi) Failure of the CMAR to comply with its SBE utilization requirements and/or reporting requirements may result in a non-responsibility determination of

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Bids/offers by the CMAR on future procurement solicitations issued by the County.

(vii) Any CMAR or firm that falsely represents to the County, pursuant to the County Contract, that it will use the commodities or services of a SBE firm and fails to do so, may be in breach of the Contract; whereupon, the County may exercise all available remedies for breach of contract.

1.4.12 Prompt Payment Policy

a) Every construction Contract let by the County for the performance of work shall contain a provision requiring the CMAR to certify, in writing, that all subcontractors and suppliers have been paid for acceptable work and materials from previous progress payments received by the CMAR (less any retainage) prior to the County’s disbursement of any further progress payments.

b) During the Contract the County may, and upon completion of the Contract the County shall, require documentation to certify that payments to such subcontractors or suppliers have been made. This provision in no way creates any contractual relationship between any subcontractor and the County or any liability on the County for the CMAR's failure to make timely payments to the subcontractor or supplier. However, the County will consider the CMAR's failure to comply with this provision a breach of Contract.

1.4.13 Unlicensed/Improperly Licensed SBE Firms

Any SBE firm procuring or entering into a contract/agreement to perform work for which the SBE firm is not properly licensed is in violation of Hillsborough County Ordinances 86-6, 86-7, 86-8, 86- 9, and 86-10, and Chapter 489, Part I, Florida Statutes; and violations thereof may be referred to the appropriate authorities for action.

1.5 Construction Apprenticeship Incentive Program

1.5.1 General Information

(a) There is a shortage of skilled labor for construction projects. This shortage of labor results in delays, expenses, and other challenges to the County's construction projects.

Apprenticeships create opportunities for training and experience that will assist in ensuring that a trained workforce will be available for future County construction projects. By incentivizing the use of Apprentices for County Construction Contracts as provided for in Chapter 2, Article VI, Division 4, Sections 2-577 through 2-580 of the Hillsborough County Code of Ordinances, it is the intent of the Board of County Commissioners to increase the number of Apprentices used by Contractors, thereby creating opportunities that will result in an increase in the number of skilled workers available for future County construction projects. The County Administrator shall have

CMAR-26-00270 Page 15 the authority to develop policies and procedures applicable to the administration of the Apprenticeship Program as necessary.

(b) This program will apply when:

(i) The construction project funded by the County in an amount equal to or greater than $5,000,000.00 that involves the process of building, altering, repairing, improving, maintaining, or demolishing one or more public facilities or buildings, or other public improvements of any kind to any real property or public facility owned or under the control of the County.

(ii) (ii) Construction Apprenticeship Program Incentive: “Incentive” for purposes of the County’s Construction Apprenticeship Program shall mean a monetary payment or credit of thirty percent (30%) of the amount expended by a Contractor or its Subcontractor(s) on Apprentice Costs on a Construction Contract up to a maximum amount of one hundred thousand dollars ($100,000.00) for a Construction Contract of less than twenty million dollars ($20,000,000.00) or up to a maximum amount of two hundred thousand dollars ($200,000.00) for a Construction Contract equal to or exceeding twenty million dollars ($20,000,000.00).

1.5.2 Participation Incentive Guidelines

(a) Subject to limitations and exceptions provided for in Chapter 2, Article VI, Division 4, Sections 2-577 through 2-580 of the Hillsborough County Code of Ordinances, and compliance by the Contractor with the requirements of this section and the Construction Contract, the County shall provide an Incentive on Construction Contracts when Apprentices are used on the Construction Contract.

(b) The County shall provide the Incentive, when applicable, upon final completion of the project as part of the final payment due under the associated Construction Contract.

(c) In order to qualify for the Incentive, the required documentation provided for in this division must be received, in a single package, by the County Administrator no later than thirty (30) calendar days from the final completion as defined in the associated Construction Contract.

(d) Upon review and acceptance of the required documentation by the County, the Contractor shall include the Incentive amount as part of its final payment application under the Construction Contract. If applicable, the County shall provide the Incentive to the Contractor as part of the final payment within the timeframe provide under Section 218.735, Florida Statutes.

(e) If the documentation required pursuant to this division is not received by the County Administrator within the time frame specified in this division, the Contractor shall not receive an Incentive.

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1.5.3 Participation Incentive Exceptions

This division will not apply if:

(a) It is prohibited by or in conflict with federal or state laws or the terms of a federal or state grant applicable to the construction project; or

(b) The Board of County Commissioners determines that applying the division to the construction project Is not in the best interest of the County.

1.5.4 Required Documentation

In order to receive an Incentive, no later than thirty (30) calendar days from the final completion as defined in the associated Construction Contract, the Contractor shall:

(a) Certify to the County Administrator that during the Construction Contract, the Contractor or its Subcontractor(s) used an Apprentice(s) on the Construction Contract; and

(b) Provide the County Administrator with the following documentation, in a single package, that demonstrates the use of an Apprentice(s) on the Construction Contract and provides the Apprentice Cost.

(c) Documentation must include the Contractor or its Subcontractor(s) contact information;

Apprentice name(s); Registered Apprenticeship Partners Information Data Systems (RAPIDS) registration number or Florida Department of Transportation’s On-the-Job Training identification data; certification from the Apprentice program that the Apprentice was in good standing during the Contract term; registered trade(s); and certified payroll reports for the Apprentice hours worked on the Contract showing the amount expended by the Contractor or its Subcontractors paying for work performed.

2.0 Invitation to Submit Responses

You are invited to submit Qualifications in response to the Request for Proposals (RFP) noted below:

RFP Title: Fire Program CMAR

Request for Proposals (RFP) Number: 26-00270

Project Title: Fire Program CMAR

Proposal Due Date: DATE

Proposal Due Time: 2:00 p.m.

2.1 Questions

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All questions related to this RFP must be submitted in writing via the message portal in the County Electronic Bidding System (Euna Procurement). Questions shall be received no later than 14 calendar days after the date of Solicitation issuance in Euna Procurement, site visit, or pre-proposal conference, whichever is later.

2.2 Project Budget

The Project budget for the first phase of the Fire Program CMAR is $2,000,000.00 for pre-construction services. The County anticipates the selection of two (2) Construction Manager at Risk (CMAR) Firms that will develop a GMP for each specific project.

3.0 Instructionsto Respondents

3.1 Electronic Submissions

a) The County shall only accept Offers through the Electronic Bidding System (Euna Procurement).

b) Offers delivered by non-electronic means, facsimile, electronic mail (e-mail) or electronic means other than through the County’s Electronic Bidding System will not be considered.

c) Signing of Response:

i) Respondent must sign the most recently amended response issued for this Solicitation Document.

ii) Respondent's response must be signed by a person that is legally authorized to contractually bind the Respondent.

iii) If a Respondent is a partnership, then the response must be signed by one or more of the company's general partners.

iv) If Respondent is a corporation, the response must be signed by a current officer of the corporation.

v) A person signing the response as Respondent's agent should include with the response legal evidence of such person's authority to sign on behalf of the respondent.

3.2 Proposal Documents

All proposal documents shall be prepared with a minimum 11-point font size no larger than 8-1/2” x 11” unless noted otherwise and shall follow the following format:

a) Introduction Letter (Limit Response to one page)

b) Addendum Acknowledgements is electronic through the County’s Electronic Bidding System

c) Respondent Information Certification (Attachment A)

d) Respondent Licenses and Certifications

e) Responses to specifically address the six (6) criteria listed below and as outlined in Section 4, using the appropriate forms as necessary.

i. Ability of the CMAR Firm and Its Professional Personnel

ii. CMAR Firm’s Experience with Similar…